Please, Spare Me Any More Of This Obnoxious Techno-Entitlement

An English juror has been sentenced to six months in prison for contempt of court after doing Internet research on a trial, and sharing that research with her fellow jurors. The trial was subsequently abandoned.

Over on Ars Technica, Peter Bright considered what the contempt ruling means for jurors. Put simply, said Bright’s headline, jurors must “leave the information age—or go to jail”.

A better headline would be: “Jurors: just because you can’t understand anything more complicated than a Pizza Hut menu without Googling doesn’t give you the right to ignore the explicit directions of a judge in a criminal trial. When a real person is facing actual jail there are really good reasons why a judge — not fucking Wikipedia — gets to decide what’s relevant and what’s not.”

What Bright is arguing for is an acceptance, not of the information age, but of a generation of self-entitled techno-douchebags.

A generation that for whom texting and tweeting and photographing through dinner has become not just acceptable, but de rigueur. And if other diners disagree: screw ‘em. A generation for whom the ready availability of pirated material online is evidence that Hollywood and copyright law are redundant, just as we must respond to the availability of duct tape and children by legalising kidnapping. If the law doesn’t like it: hack ‘em.

A generation who thinks that the way to protest laws you disagree with is to publish the home addresses of hundreds of police officers. A generation who, when explicitly told by a judge not to do something that is technologically trivial, simply rolls its collective eyes and sabotages a criminal trial. And a generation who when reading that last example doesn’t think “good — that’ll teach the stupid little dickhead” but rather rails against how a juror is expected to “mak[e] his assessment only on the basis of the narrow set of facts presented during the trial.

Yes, that’s how trials work, you numbskull.

But, the technodouche might argue, maybe it’s time to Disrupt criminal trials. For hundreds of years we’ve allowed judges (1%ers that they are!) to tell us what to do, and their private police force — the, er, police! — to enforce that “law” with an iron fist.

Today’s technology allows us to be truly be tried by our peers — all of them. Why not introduce a system of trial by wiki? Let witnesses, the defendant, that defendant’s friends, bloggers, anonymous commenters, children, performing chimps — anyone with access to a keyboard and an opinion — throw all of their thoughts and arguments together in one gigantic collaborative document. Some kind of thumbs up thing will ensure accuracy, obviously. Then open the whole thing up to voting. A majority of guilty votes — the guy swings. We have the technology! Let’s do it!

Alternatively, we could get the hell over ourselves and realise that just because we can do something doesn’t mean we should. It’s called self-control. Someone should build an app for it.

Post comment as twitter logo facebook logo
Sort: Newest | Oldest

I was on a UK jury a couple of years back, deciding about an alleged case of serious sexual assault. Our job was made more difficult, because much of the evidence related to the streets, official buildings and surrounding woodlands of a small town that most of us did not know, but we were not provided with any maps. The lawyers, presumably because they deal mostly with words, apparently assumed that verbal descriptions were enough. They weren't. Clearly using Facebook would have been stupid. But we could have concentrated better on the important facts of the case, if we'd been allowed to use Google/Bing Maps to check out the geography. (BTW, please don't say that I could have asked questions of the judge. I did that as often as I dared)

[...] a pesquisar online informação relacionada com o caso, inclusivo a Wikipedia, conforme noticia no PandoDaily.Alguns bloggers online decidiram utilizar esta noticia como mais um exemplo de que como a nossa [...]

[...] Please, Spare Me Any More Of This Obnoxious Techno-Entitlement An English juror has been sentenced to six months in prison for contempt of court after doing Internet research on a trial, and sharing that research with her fellow jurors. The trial was subsequen…… [...]

[...] la mente un artículo de Paul Carr, uno de mis tecnófobos favoritos, en el nuevo blog PandoDaily, sobre la irrupción de la tecnología en los juzgados: Today’s technology allows us to be truly be tried by our peers — all of them. Why not [...]

Mr. Carr, did you actually read the article or just the headline? Bright clearly states that a hard-line approach to Internet research is the only way to avoid accidental jury tainting. He does raise the question of the effectiveness of such measures since jurors must police themselves, and he does examine each side but no where does he advocate "trial by wiki" or anything close to what your rant suggests. I understand if some members of my gneration's outlandish use of smartphones in inappropriate moments has moved you to rage, but 1 - Bright's article was actually pretty fair, and 2 - please don't lump us all together. Some of us still know when to turn the phone on silent and pay attention to the world around us.

I could ask you the same question re: reading the article. The line you reference is by no means representative of the overall thrust of Bright's argument. In fact he uses it to flag the current position, not his own view. He also saus... "Jurors in a court might well come across vocabulary and terminology that they're not familiar with; they might not know that a "caucasian male" means a white dude, or that "mens rea" refers to the guilty mind and intent to perform a criminal act. While jurors may, depending on jurisdiction and tradition, be permitted to direct demands for clarification to the judge, looking up such information on the Internet would seem harmless." He's clearly arguing for jurors to be allowed to use their discretion in Googling for definitions of legal concepts. Which is precisely what my "rant" is arguing against. If you think I was literally suggesting that Bright was advocating wiki trials then you've failed basic reading comprehension. Speaking of which: you refer to members of your generation as if I'm attacking you and yours. The thing is, the subject of Bright's piece was in her early 30s. As am I. I was attacking my own generation. From the tone, and content, of your response I suspect you're younger. So you can rest easy.

Your article rocks, dude. Angry - hell ya, but you said it to make a point. You must have either been in a criminal jury trial yourself or served on a jury. Well said! I could have used your help the other evening when the whole fam-damily went out to the movies (which in this economy is a RARE occasion.) Some techno-douchebag nipplehead woman in the same row kept whipping out her damn Smartphone and texting someone, right in the middle of the movie (not the previews). And this lady was at least 50 and should have known better!! Surely she had read a Dear Abby or two and some point in her life! Since I knew that smashing her Iphone or strangling her in public would be a non-socially acceptable option, I instead pulled out my Casio G'zone military grade cellphone and turned on its ultrabrigtht 5 watt led Flood light and shone it her way, right in the middle of her uber-important texting, and asked in my loudest possible voice, "Do you need some light so you can see to type your text message lady? Is this better? I wanna make sure that you can see clearly while you are typing, so you don't miss out on the movie!!!" Let's face it: some folks are so stupid they should be required to have a license to own a computer or Iphone. After all, it's a "smartphone", so you should have to have a few "smarts" to be able to use the damn thing!. And, I am left to wonder how these same Darwin-award-candidate-pinheads will take care of themselves after a major disaster like a huge sunstorm or an EMP event, when all their techno-goodies get rendered useless.

Personally, I think that the whole process of juries is drastically broken. If I were the potentate, Juries would have access to ALL MATERIALS uncovered by both sides along with the Judge's instructions on the worth of each piece of the information. Juries would be able to ask questions in writing of any person that presents as a witness, and could ask for additional information discovery as well. Only thus armed with ALL the information can they see that Justice is dispensed. If a scum bag has been convicted three times for Criminal Child Abuse, and is before you for a fourth, there would be no "well, that might prejudice the jury..." BS in THAT trial. The totally unnatural filtering and information sequestration that juries are subjected to do NOTHING to dispense justice and simply make it more sure that Juries are given the charge of dispensing justice without the tools necessary to make the right call!!!!

hey Paul, in case you haven't noticed, get it case? that's a pun, it's 2012, all fields are being renovated, or napsterized, don't make me do research on you to see if you had inklings of being a lawyer, oh, yeah, luckily i don't give the F sound in fuck if you did. No examples will be made here of anyone but the process that highly reputable judges judge by. I just figured your headline was talking about yourself and your colleagues with your wah attitudes of everything not being good enough in the (tech) world you all spill out your finger tips every fucking day.

Wait, the article you link to as "railing" against this says specifically: "Clearly, not all Internet research is so innocuous. Learning that a defendant had previously been accused of rape, even if acquitted, may very well be prejudicial, and such findings are likely to taint the jury." -- and the overall tone is not even close to a rant. I cannot say the same for your piece, which is basically a strawman rant against some imagined group of people you paint as having lost their humanity, and the only actual link/evidence is an article that simply doesn't fit your description. I fear, Paul, it is you who have lost perspective. You used to be a witty, charming breath of fresh air among the self-important tech elite, but this comes off as just more angry, self-righteous talking head nonsense. Bring back Old Paul!

Apart from the publishing of police officers' names - which I hope is just the small and hardcore hactivist front (I hope?!) - the rest of the general techno-douchebaggery currently infesting society deserves everything you say about it and more.

I missed the point of the article, it was heavily obscured by snarky bullshit from a writer who writes like he's 15 years old.

I agree their are plenty of occasions in which etiquette regrading technology could be improvement. But trails do often provide so little information that verdicts come down to guesses, is this really upholding justice? I was a juror and guilt was easy enough to figure out but we then had to award money for the loss of business for an industry none of us knew anything about. I still wonder if our best guess was fair. All I am saying is there has got to be better way... of course the lawyers involved could have told us how much similar businesses makes but maybe they wanted us to guess... just doesn't seem quite right.

Holy crap, we've missed you Paul.

Specifically with this situation and as it relates to trial by jury, I agree here. There is a reason why the judge instructs you to only consider the facts of the case and not the history of theft. However in general, I can't say that I agree with the denigration of techno-entitlement. The protests against SOPA and PIPA were good examples of techno-entitlement (with a little bit of money injected for posterity) overcoming influence peddling and a corporatist pseudo-democracy that has transformed influence peddling into an art form. Anonymous, to a lesser degree, does fight for a cause and maybe it's not as mainstream or backed by as much money as the previous protest but it's still becoming the modern day version of a sit-in. Disrupting commerce and making a statement. I know your pov on Wikipedia, but I can't in good conscious say that I agree with the full court press against them by the payment processors, the internet advertisers, etc. Fine, the government doesn't agree, arrest them if there is a charge but what they effectively did was censor them without due process. Fuck that, I don't want to live in that world.

Both judges and jurors are people. Maybe we need MORE jury nullification, not less.

{laughter} good to see you back in form, paul!

Technology should empower. Disrupting the due process of law is the polar opposite of that.

judge, i herewith present you exhibit A, proving your insanity...your silly wig

Sorry, I got a little confused in your rant. Are you talking about a generation or one person? Or one clichéed person? Why stick to one incident/person when you can lambast a generation?! But I suppose I shouldn't expect anything more from the older generations.

I couldn't agree more. And talking of self control 3364 days sober today

Paul would have been on safer grounds simply defending the paramountcy of due process and the role of the jury trial to defend the liberty of citizens, rather than turning it into some self-indulgent snipe at the limp etiquette of "self-entitled techno-douchebags".

I agree, Steve. Paul's snit was misguided in its choice of target, bombastic in its choice of tone, and unconvincing in its reasoning.

huzzah, Paul is back at his curmudgeonly best.